maternity benefit act2020

2. The Maternity BenefitAct,1961
• Act passed in 12th December, 1961
• It enacted by Parliament in the 12th Year of
the Republic of India

3. Objective
• An Act to regulate the employment of women
in certain establishment for certain period
before and after child-birth and to provide for
maternity benefit and certain other benefits.

5. What is the Maternity Leave?
• Maternity leave in India” is a paid leave of absence from work that
allows women employees the benefit of taking care of their newly
born, retaining their jobs, and also avail paid leaves.
• India is a developing country, and our first Maternity leave Act was
established back in 1961 called, The Maternity leave Benefit Act
1961.
• This Act ensured women employees get a paid leave of 12 weeks
post-delivery for taking care of the new-born. This Act applied to
establishments with ten plus employees.
• The Act applies to every women employee on a contract, permanent
basis, or engaged with agencies.
• The current employment scenario has changed, and we have a
significant chunk of female employees taking jobs. The maternity act
was subject to change due to social & economic changes. In 2017,
The Maternity leave Act was revised as The Maternity leave
(Amendment) Bill 2017.

6. Maternity Leave in India: The Law and
Benefits
• The Maternity Benefit (Amendment) Act 2017, which
was passed by the Rajya Sabha in the year August
2016, has now also been approved by the Lok Sabha
in the same year, March 2017.
• Duration of Maternity Benefit
Maternity Benefit is paid for 26 weeks (156 days).

7. Some important changes under the new law:
• The paid maternity leave in India is increased
from 12 weeks to 26 weeks for working women.
• This law is eligible for only those who work in an
organization with a minimum of 10 employees.
• The prenatal leave is also increased from 6 to 8
weeks.
• A woman who is already a mother of 2 children
is eligible for 12 weeks of maternity leave from
the 3rd child.
• If a woman adopts a child under the age of 3
months, then she is eligible for a leave of 12
weeks.

8. Eligibility
• For a woman employee to be eligible under this Act, she
should have completed working for 80 days in the
current establishment in the last 12 months.
Payment
• Paid leave is calculated based on the average daily
wage for the period of absence.

9. Extension of period
• The Maternity (Amendment) Bill 2017 has extended
the earlier 12 weeks’ leave to 26 weeks.
• The pregnant employee can bifurcate the leave as
post and pre-delivery.
• 8 weeks of leave can opt before the delivery and
remaining post-childbirth.
• For women expecting the third child, the maternity
leave allotted is 12 weeks.

10. • Maternity law for commissioning mothers in
India
• The advent of technology has brought relief and
joy to many families who were unable to
conceive naturally. The maternity leave law here
states a 12 week leave to the biological mother
who imparts her egg to create an embryo which
is then planted in another woman.

11. Tubectomy during pregnancy
• In the case of tubectomy, a woman on the production of
the prescribed papers can opt for two weeks’ leave,
immediately from the date of the tubectomy operation.
Critical illness post-maternity
• Pregnancy is a complicated process and could be life-
threatening too. The Maternity leave Amendment Bill 2017
allows a benefit of one month for women who are suffering
from critical circumstances like – Pre-mature delivery,
miscarriage & medical termination of pregnancy.

12. Leave for government civil employees
• Female civil employees benefit from a paid leave
of 180 days for the first two live-born children.
Leave for Private sector employees
• Private sector female employees have to ensure
maternity leave policies with their HR team. The
leave and payment provisions vary for different
companies.

13. • The Maternity Leave in India Act 2017 Compensation
rules & benefits:
1. The maternity leave payment is at the rate of the average
daily wage for the period of absence.
2. A medical bonus of Rs. 3500 is entitled in addition to the
26 weeks of paid leave & 12 weeks of paid leave for already a
mother of two.
3. Pregnant Women and lactating mothers further draw a
benefit of Rs. 6000/- under the National Food Security Act
2013.

14. Norms Under The Maternity Leave:
1. The act states, the employer should not give a pregnant employee difficult tasks,
including long-standing working hours, ten weeks before the delivery, such that it
might affect both Mother and child.
2. The employer should ensure the health and safety of the female employer and
mandate that she should not be involved in any work six weeks following the delivery
as well as miscarriage.
3. The law also states that the employer cannot dismiss or discharge a female
employer during the maternity leave period.
4. In an establishment of 50 plus employees, a Crèche facility is to be provided by
the employer. When the female employee comes back to work after maternity leave,
she can avail of the crèche facilities. The Act also permits the female employee to
visit the crèche four times during the regular working hours, including her regular rest
intervals.
5. If an employer does not adhere to the Maternity Act, there are severe
repercussions. The penalty to an employer for non-acceptance of the Act is a fine of
Rs. 5000/- or imprisonment which can extend to a year or with both.

15. Employers’ Dilemma with the Maternity leave:
The Maternity Leave in India has eased much discomfort for the
working Women employees. However, the employers have their own
set of concerns:
1. Maternity leave cost has to be borne by the employers alone in
India. Whereas, in other countries, government and employer share
the cost.
2. Having additional staff for the woman employee on leave. Training
the temporary staff is an added expense for the employer.
3. The clause of setting up a crèche is another infrastructure
investment for the employer in addition to recruiting a trained staff to
handle the crèche.

16. What should HR incorporate in the Maternity Leave Act?
1. Every HR has to draft a detailed Maternity Leave Policy as an
essential document. Every organization should communicate to a
pregnant woman in written or e-mail about her rights and the
details thereof.
2. HR should revise the Maternity leave policy as per the
government regulations.
3. A pregnant employee is by default, exempted from the regular
performance appraisal cycle.
4. A provision to make the women employees work from home.

17. Employment of, or work by, women
prohibited during certain period
(1) No employer shall knowingly employ a woman in any establishment during
the six weeks immediately following the day of her delivery or her
miscarriage.
(2) No woman shall work in any establishment during the six weeks
immediately following the day of her delivery of her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall,
on a request being made by her in this behalf, be required by her employer
to do during the period specified in sub-section (4) any work which is of an
arduous nature or which involves long hours of standing or which in any
way is likely to interfere with her pregnancy or the normal development of
the foetus, or is likely to cause her miscarriage or otherwise to adversely
affect her health.
(4) The period referred to in sub-section (3) shall be –
(a) at the period of one month immediately preceding the period of six
weeks, before the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant
woman does not avail of leave of absence under section 6.

18. Right to payment of maternity benefit
• Subject to the provisions of this Act, every woman
shall be entitled to, and her employer shall be liable
for, the payment of maternity benefit at the rate of the
average daily wage for the period of her actual
absence immediately preceding and including the day
of her delivery and for the six weeks immediately
following that day.
• No woman shall be entitled to maternity benefit unless
she has actually worked in an establishment of the
employer from whom she claims maternity benefit for
a period of not less than one hundred and sixty days in
the twelve months immediately preceding the date of
her expected delivery

19. • The maximum period for which any woman shall be
entitled to maternity benefit shall be twelve weeks, that is
to say, six weeks up to and including the day of her
delivery and six weeks immediately following that day
• Provided that where a woman dies during this period,
the maternity benefit shall be payable only for the days
up to and including the day of her death
• Provided further that where a woman, having been
delivered of a child dies during her delivery or during the
period of six weeks immediately following the date of her
delivery, leaving behind in either case the child, the
employer shall be liable for the maternity benefit for the
entire period of six weeks immediately following the day
of her delivery
• but if the child also dies during the said period, then for
the days up to and including the day of the death of the
child.

20. Notice of claim for maternity benefit
• Notice of claim for maternity benefit and payment
thereof.
(1) Any woman employed in an establishment and entitled to
maternity benefit under the provisions of this Act may
give notice in writing in such form as may be prescribed,
to her employer, stating that her maternity benefit and
any other amount to which she may be entitled under
this Act may be paid to her or to such person as she may
nominate in the notice and that she will not work in any
establishment during the period for which she receives
maternity benefit.
(2) In the case of a woman who is pregnant, such notice
shall state the date from which she will be absent from
work, not being a date earlier than six weeks from the
date of her expected delivery.

21. (3) Any woman who has not given the notice when she
was pregnant may give such notice as soon as
possible after the delivery.
(4) On receipt of the notice, the employer shall permit
such woman to absent herself from the establishment
until the expiry of six weeks after the day of her
delivery.
(5) The amount of maternity benefit for the period
preceding the date of her expected delivery shall be
paid in advance by the employer to the woman on the
production of such proof as may be prescribed that
the woman is pregnant, and the amount due for the
subsequent period shall be paid by the employer to
the woman within forty-eight hours of production of
such proof as may be prescribed that the woman has
been delivered of a child.

22. (6) The failure to give notice under this
section shall not disentitle a woman to
maternity benefit or any other amount
under this Act if she is otherwise
entitled to such benefit or amount and
in any such case an Inspector may
either of his own motion or on an
application made to him by the woman,
order the payment of such benefit or
amount within such period as may be
specified in the order.

23. Payment or maternity benefit in case
of death of a woman
• If a woman entitled to maternity benefit or any
other amount under this Act, dies before
receiving such maternity benefit or amount, or
where the employer is liable for maternity benefit
under the second proviso to sub-section (3) of
section 5, the employer shall pay such benefit or
amount to the person nominated by the woman
in the notice given under section 6 and in case
there is no such nominee, to her legal
representative.

24. Leave for miscarriage
• In case of miscarriage, a woman shall, on
production of such proof as may be
prescribed, be entitled to leave with wages
at the rate of maternity benefit for a period
of six weeks immediately following the day
of her miscarriage.

25. • Leave for illness arising out of pregnancy,
delivery, premature birth of child, or
miscarriage.
– A woman suffering illness arising out of
pregnancy, delivery, premature birth of child
or miscarriage shall, on production of such
proof as may be prescribed, be entitled in
addition to the period of absence allowed to
her under section 6, or, as the case may be,
under section 9, to leave with wages at the
rate of maternity benefit for a maximum
period of one month.

26. Nursing breaks.
• Every woman delivered of a child who
returns to duty after such delivery shall, in
addition to the interval for rest allowed to
her, be allowed in the course of her daily
work two breaks of the prescribed duration
for nursing the child until the child attains
the age of fifteen months.

27. Dismissal during absence or pregnancy
(1) Where a woman absents herself from
work in accordance with the provisions of
this Act, it shall be unlawful for her
employer to discharge or dismiss her
during or on account of such absence or to
give notice of discharge or dismissal on
such a day that the notice will expire
during such absence, or to vary to her
disadvantage any of the conditions of her
service.

28. (2) (a) The discharge or dismissal of a woman at any time
during her pregnancy, if the woman but for such discharge
of dismissal would have been entitled to maternity benefit
or medical bonus referred to in section 8, shall not have the
effect of depriving her of the maternity benefit or medical
bonus: Provided that where the dismissal is for any
prescribed gross misconduct the employer may, by order in
writing communicated to the woman, deprive her of the
maternity benefit or medical bonus or both.
(b) Any woman deprived of maternity benefit or medical bonus
or both may, within sixty days from the date on which the
order of such deprivation is communicated to her, appeal to
such authority as may be prescribed, and the decision of
that authority on such appeal, whether the woman should
or should not be deprived of maternity benefits or medical
bonus or both, shall be final.

29. No deduction of wages in certain
cases.
• No deduction from the normal and usual
daily wages of a woman entitled to
maternity benefit under the provisions of
this Act shall be made by reason only of –
(a) the nature of work assigned to her by
virtue of the provisions contained in
subsection (3) of section 4 : or
(b) breaks for nursing the child allowed to
her under the provisions of section 11.

31. Amendment in 2017
• Increased Paid Maternity Leave: The MB Amendment Act has
increased the duration of paid maternity leave available for
women employees from the existing 12 weeks to 26
weeks. Under the MB Amendment Act, this benefit could be
availed by women for a period extending up to 8 weeks before
the expected delivery date and remaining 18 weeks can be
availed post childbirth. For women who are expecting after
having 2 children, the duration of paid maternity leave shall be 12
weeks (i.e., 6 weeks pre and 6 weeks post expected date of
delivery).
• Maternity leave for adoptive and commissioning mothers:
The MB Amendment Act extends certain benefits to adoptive
mothers as well and provides that every woman who adopts a
child shall be entitled to 12 weeks of maternity leave, from the
date of adoption.

32. Amendment in 2017
• Work from Home option1: The MB Amendment Act has also
introduced an enabling provision relating to "work from home"
for women, which may be exercised after the expiry of the 26
weeks' leave period. Depending upon the nature of work, women
employees may be able to avail this benefit on terms that are
mutually agreed with the employer.
• Crèche facility: The MB Amendment Act makes crèche facility
mandatory for every establishment employing 50 or more
employees. Women employees would be permitted to visit the
crèche 4 times during the day.
• Employee awareness: The MB Amendment Act makes it
mandatory for employers to educate women about the maternity
benefits available to them at the time of their appointment.

33. Penalty for contravention of Act by
employers
• If any employer contravenes the provisions of this
Act or the rules made there under he shall be
punishable with imprisonment which may extend
to three months, or with fine which may extend to
five hundred rupees, or with both; and where the
contravention is of any provision regarding
maternity benefit or regarding payment of any
other amount and such maternity benefit or
amount has not already been recovered, the court
shall in addition recover such maternity benefit or
amount as if it were a fine, and pay the same to
the person entitled thereto.

34. Penalty for obstructing Inspector
• Whoever fails to produce on demand by
the Inspector any register or document in
his custody kept in pursuance of this Act or
the rules made there under or conceals or
prevents any person from appearing
before or being examined by an Inspector,
shall be punishable with imprisonment
which ma extend to three months, or with
fine which may extend to five hundred
rupees or with both.